RE WONG SHUI KEE ROGER

RE WONG SHUI KEE ROGER

The debtor failed to demonstrate a bona fide dispute on substantial grounds; prior decisions (Master Yeung and two struck-out High Court actions) had rejected the fraud/dishonesty allegations, the debtor's appeal time had expired and his fresh allegations lacked particulars and credibility, therefore the statutory demand could not be set aside and a bankruptcy order was properly made; indemnity costs were refused.

Citation
RE WONG SHUI KEE ROGER
Parties
Debtor: WONG SHUI KEE ROGER; Petitioner: VICTOR CHU & CO. (a firm); Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 August 2004
Case Number
HCB5129/2004
Procedural Posture
Bankruptcy Proceeding (petition Based on Taxed Costs and Interest) / Judgment (bankruptcy Order Issued)
Outcome
Bankruptcy order made against the defendant; costs awarded on standard basis; indemnity costs refused.
Legal Topics
Statutory Demand, Taxation of Costs, Setting Aside, Res Judicata, Indemnity Costs, Bankruptcy Order
Source Language
EN
Bankruptcy Civil Procedure Costs Fraud Abuse of Process Statutory Demand Taxation of Costs Setting Aside +3 more

Case Brief

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Parties

WONG SHUI KEE ROGER

Debtor

VICTOR CHU & CO. (a firm)

Petitioner

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceeding (petition Based on Taxed Costs and Interest) / Judgment (bankruptcy Order Issued)

Legal Issues

  1. 1 Whether the debtor has a bona fide dispute on substantial grounds as to the debt underpinning the statutory demand
  2. 2 Whether allegations of fraud and dishonesty by the petitioner's solicitors were established
  3. 3 Whether the statutory demand should be set aside under the Bankruptcy Rules

Ratio Decidendi

The debtor failed to demonstrate a bona fide dispute on substantial grounds; prior decisions (Master Yeung and two struck-out High Court actions) had rejected the fraud/dishonesty allegations, the debtor's appeal time had expired and his fresh allegations lacked particulars and credibility, therefore the statutory demand could not be set aside and a bankruptcy order was properly made; indemnity costs were refused.

Court Disposition

Bankruptcy order made against the defendant; costs awarded on standard basis; indemnity costs refused.

Orders

  • Bankruptcy order made against the defendant, WONG SHUI KEE ROGER.
  • Costs awarded to the petitioner on the ordinary basis; order for indemnity costs refused.